Rule, 1965

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

THE KARNATAKA HIGHWAYS RULES, 1965

ARRANGEMENT OF RULES

Rule Page No.

Title.

Definitions.

Manner of publication of the notification under Section 7(2) Places where copies of map to be kept under section 8.

Form of application for permission under section 9.

Manner of publication of the Notification under section 15.

Form of application for permission under section 21 to occupy highway land.

Conditions on which permission to be granted under section 21 to occupy highway land.

Rent to be charged for occI.Jpation of highway land.

Manner of reference under section 35 by the Highway Authority or the Authorised Officer .

Form of application under section 44 for reference against order fixing betterment charges.

Manner of reference under section 44 by the Officer authorised.

Date on which betterment charges shall be payable under Section 47.

Payment of betterment charges by instalments under proviso to Section 47.

Relinquishment of exchange of land, under section 48.

Prohibition or regulation of traffic when Highway considered unsafe under Section 50.

Prohibition or restriction of the use of heavy vehicles under Section 51.

Rates of toll and its payments.

Exhibition of rates of toll.

42 The Kamataka Highways Rules [1964 : KAR. ACT 44 Procedure for collection / realisation of amount, handling etc. Mode of collection of toll.

Remittance of toll collected.

Submission of returns.

Reimbursement of collection charges.

Assistance by police.

Forms 'A' 0;- Forms '8' Forms 'C' Forms 'D' Forms 'E' :i Forms 'F' Forms 'G' Forms 'H' Forms 'P

PUBLIC WORKS SECRETARIAT.

Bangalore, dated 4th December 1965.

G.S.R.758.- In exercise of the powers conferred by section 72 of the Karnataka Highways Act, 1964 (Karnataka Act No.44 of 194), the Government of Karnataka hereby makes the following rules, the draft of the same having been published as GSR 654 in PART IV section 2-c (i) of Karnataka Gazette dated 9th September 1965, as required by sub-section 1) of the said section, namely-

THE KARNATAKA HIGHWAYS RULES, 1965

(As amended by GSR 89 dated 30-3-1984 and Notification No PWD 12 CBR 95 dated 31-7-1998)

1. Title.- These rules may be called the Karnataka Highways Rules, 1965.

2. Definitions.- In these rules, unless the context otherwise requires,

(a) 'Act' means the Karnataka Highways Act, 1964;

2["(a) " Assistant Executive Engineer" means an officer of the State Public Works Department having that designation and being incharge of particular road, bridge, tunnel or causeway located on the Highway and who is appointed by the State Government under section 6 of the Karnataka Highways Act, 1964, to work under Highway Authority.

(aaa) 'Bridge' means a bridge with permanent structur.es, the cost of which including the cost of the bridge proper, approach roads, guide bunds and protective works as also structures constructed or improved for collection of toll, is more than rupees twenty-five lakhs and which is compieted and opencd to traffic on Highways after the First day of April, 19 83."]2

(b) 1Form' means a form appended to these rules;

2[ "(bb) 'motor vehicle' has the same meaning as in the Motor Vehicles Act, 1939."]2

(c) 'Schedule' means the schedule to these rules;

;,' (d) 'Section' means a section of the Act.

2["(e) 'Toll Inspector' means a person appointed by the State Government under section 6 of the Karnataka High-ways Act, 1964 to collect toll in respect of any motor vehicle crossing a bridge tunnel or causeway

1. Publishment in the Karnataka Gazette dated 16-12-1965. - 44 The Karnataka Highways Rules [1964 : KAR. ACT 44 and includes every State Government employee posted on such bridge, tunnel or causeway in connection with the collections of toll."]2

3. Manner of publication of the notification under Section 7(2).- In addition to publication of the notification in the official Gazette under sub- section (2) of section 7, the notification shall be caused to be published in the chavadi of the village and in the office of the Tahsildar of the Taluk concerned in which the highway is situated.

4. Places where copies of map to be kept under section 8.- The Highway Authority shall arrange to keep for inspection a copy of the map referred to in section 8 at the follovJing places besides its own office;

(i) office of the Tahsildar of each of the Taluks in which the lands between the highway boundaries and the control lines marked on the map are situated,

(ii) office of each of the Public Works Department sub-divisions in charge of the HighWay marked on the map.

5. Form of application for permission under section 9.- An application for permission falling under clause (a) or clause (b) of sub-section (1) of section 9 shall be made in Form 'A' and for permission falling under clause

(c) of that sub-section shall be made in Form IB'.

6. Manner of publication of the Notification under section 15.- In addition to publication of a notification in the Official Gazette under Section 15, such notification shall be caused to be published-

(i) in the office of the Highway Authority,

(ii) in the chavadi of the village,

(iii) office of the Tahsildar of each of the Taluks in which the land in question lies.

7. Form of application for permission under section 21 to occupy Highway land.- An application for permission to occupy or encroach upon High-way land within the Highway boundaries under sub-section (1) of section 21 shall be made to the Highway Authority in Form-IC'.

8. Conditions on which permission to be granted under section 21 to occupy Highway land.- Permission to occupy or encroach on any highway within the highway boundaries shall, be granted subject to the following conditions:-

(i) The structure to be erected or work to be carried out shall be so executed as not to interfere with traffic on the highway or the highway drainage;

(ii) The structure shall be erected in conformity with the plan approved by the Highway Authority and shall not be altered or extended without the prior written permission of the Highway Authority. It shall not be used for any purpose other than the one for which permission is granted;

(iii) The structure shall be constructed and maintained to the satisfaction of the Highway Authority;

(iv) No trees on the Highway land shall be removed, cut or damaged or highway accessories or materials removed or damaged without the prior written permission of the Highway Authority and payment of compensation therefore, as determined by the Highway authority;

(v) The applicant shall be solely liable for any loss or injury sustained by any person as a result of any carelessness, negligence or misconduct of any of his employees in the erection, setting up, repair or use of the structure on or overhanging the highway land;

(vi) The applicant shall pay rent for the occupation of or encroachment on a Highway within the highway boundaries at the rates fixed under rule 9;

(vii) The applicant shall be liable to pay all taxes, rates or assessments payable to Government or any local authority in respect of the highway land occupied or structure constructed or projected thereon;

(viii) The applicant shall deposit by way of security with the Highway Authority such amount as may be fixed by the Highway Authority which will be liable to forfeiture in case of default in the payment of rent and other charges payable to Government or contravention of any of the conditions subject to which the permission is granted;

(ix) On the expiry of the period for which the permission is granted, the land shall be vacated and restored to its original condition and handed over to the Highway Authority;

(x) The permission shall not be transferred to any other person, without the prior written permission of the Highway Authority.

9. Rent to be charged for occupation of Highway land.- The Highway Authority shall charge rent for occupation of or encroachment on a Highway within the highway boundaries permitted under section 21 at the rates prescribed in the Schedule.

10. Manner of reference under section 35 by the Highway Authority or the authorised officer .-(1) (i) An application under section 35 for reference to the court against the award made under section 28 shall be in Form 'D'.

46 The Kamataka Highways Rules [1964 : KAR. ACT 44

(ii) the Highway Authority or the officer authoritised under section 28 shall make reference under section 35, by a statement in writing, giving the following particulars namely:-

(a) full particulars of the property or right or interest there[n and the nature of damage, if any, thereto in respect of which compensation is awarded;

(b) the names of the person whom he has reason to think interested in such compensation;

(2) The Statement under sub-rule (1) shall be accompanied by.-

(a) a copy of the award;

(b) a copy of the application requiring the reference to be made under section 35; and

(c) a schedule giving particulars of the notices served upon and of the statements in writing made or delivered by the parties interested.

11. Form of application under section 44 for reference against order fixing betterment charges.- An application under sub-section (2) of

Section 44 for a reference against an order fixing the betterment charges under section 42 shall be made in Form 'E'.

12. Manner of reference under Section 44 by the officer authorised.-

(1) The officer authorised under Section 41 shall make the reference under

Section 44 by a statement in writing giving the following particulars, namely:-

(a) the situation and extent of the land with particulars of buildings, if any, thereon; and

(b) the names of the persons whom he has reason to think are interested in such land and buildings;

(2) The statement under sub-rule (1) shall be accompanied by:-

(a) a copy of the order fixing the betterment charges;

(b) a copy of the application requiring the reference to be made under section 44;

(c) a schedule giving the particulars of the notices served upon and of the statement in writing made or delivered by the parties interested; ( d) a copy of the plans showing the nature and location of the highway work concerned in relation to the lands assessed to betterment levy . 1964 : KAR. ACT 44] 47The Karnataka Highways Rules

13. Date on which betterment charges shall be payable under Section 47.- The betterment charges shall be payable within ninety days from the date of the communication of the order made under section 42 or the date of the decision of the Court under section 44, as the case may be.

14. Payment of betterment charges by instalments under proviso to

Section 47.- (1) If the owner of any land desires to pay the amount of betterment charges by annual instalments as provided in section 47, he shall make an application to that effect in writing to the Officer making the order under section 42 within one month from the date of the communication of the order made under section 42 or the date of the decision of the court under section 44, as the case may be. The owner shall state in the application the number of instalments in which he desires to pay the charges. Such number shall not exceed ten.

(2) Interest at the rate of 5 percent per annum shall be charged on the amount of betterment charges permitted to be paid in instalments.

(3) The instalments shall be so fixed as to secure the full payment of the whole amount of betterment charges together with interest thereon as far as possible within the period specified by the owner in his application but in no case shall such period exceed ten years from the date on which such charges become leviable.

(4) On receipt of an application under sub-section (1 ), the officer authorised shall fix the amount of each annual instalment including the interest charges to be paid by the owner, the number of such instalments and the date on which each instalment shall be paid by the owner .

(5) The owner of the land shall thereon execute an agreement as required by the proviso to Section 47. Such agreement shall be in Form 'F'.

15. Relinquishment or exchange of land under Section 48.- (1) If the cwner of land desires to relinquish the whole or any part of the land or to deliver it in exchange in favour of the State Government under Section 48, he shall make an application to that effect in writing to the authorised officer within one month from the date on which betterment charges become leviable in respect of such land.

(2) The owner of the land shall state in the application:-

(a) full particulars of the land and the amount of betterment charges fixed thereon;

48 The Karnataka Highways Rules 1964 : KAR. ACT 44

(b) the area of the land proposed to be relinquished or given in exchange and the value thereof according to the owner;

(c) particulars of the encumbrances, if any, on the land. He shall attach a sketch showing the exact location of the land proposed to be relinquished or given in exchange.

(3) The authorised officer on receipt of the application shall assess the value of the land proposed to be relinquished or exchanged and shall forward the application, along with his recommendations to the State Government, which may pass such orders thereon as it may deem fit under section 48.

16. Prohibition or regulation of traffic when Highway considered unsafe under Section 50.- Whenever the Highway Authority closes a highway or potion thereof or regulates the number of speed or weight of vehicles using the highway under section 50, it shall-

(i) publish a notification in the official Gazette and also in atleast one newspaper circulating in the locality, giving particulars of the restrictions imposed;

(ii) put up notice boards at suitable places along the highway giving particulars of the restrictions imposed;

(iii) in case of closure of the highway or portion thereof to all or any class of traffic, put up barriers, as may be necessary , at suitable places with arrangements for display of red light at night.

17. Prohibition or restriction of the use of heavy vehicles under

Section 51.- Whenever the Highway Authority prohibits or restricts the plying of heavy vehicles under section 51 it shall:-

(i) Publish a notification in the official gazette and also in at least one newspaper circulating in the locality giving particulars of the restrictions imposed;

(ii) put up notice boards at suitable places along the highways, giving particulars of the restrictions imposed.

1[18. Rates of toll and its payments.- There shall be levied and paid to the Highway Authority on behalf of the State Government toll on the motor vehicles for the use of bridges, causeways and tunnels at the rates spe;cifiedin the Second Schedule to the said rules. .

19. Exhibition of rates of toll.- A Table of tolls authorised to be levied at any bridges, causeways or tunnels shall be put up in a conspicuous place near a collection booth legibly written or printed in Kannada, English and Hindi.

1. Rule 18 to 25 inserted by GSR 89 dated 31-3-1984 (Notification No.PWD 62 CBR 83 dated 30. 3-1984) w.e.f. 31-3-1984.

1964 : KAR. ACT 44] The Karnataka Highways Rules 49

20. Procedure for collection I realisation of amount handling etc.- (1 ) All tolls levied under these rules shall be collected by the Highway Authority concerned departmentally on behalf of the State Government and for this purpose necessary arrangements shall be made by the Highway Authority concerned for putting up adequate number of collection booths operated manually or by automatic arrangement or by combination of boath as may be considered suitable by the Highway Authority including improvement and widening of approach roads to serve the collection booths so set up.

(2) There shall be posted at either end of the bridge, causeway and tunnel, a Toll Inspector (with necessary police guard to assist) who shall be authorised to collect toll in respect of any motor vehicle crossing the said bridge, causeway and tunnel at the rates specified in the Second Schedule.

(3) There shall be provided at either end of the bridge, causeway or a tunnel, a cross bar of securing the stoppage of motor vehicles.

(4) The Toll Inspector shall ensure at the cross bar that passage is not allowed to motor vehicles unless the toll leviable in respect thereof has been paid.

21. Mode of collection of toll.- (1) Every driver, owner or person incharge of a motor vehicle, required to pay toll under these rules shall before crossing the bridge, causeway or tunnel or after having crossed it stop his vehicle at the cross bar, go to the toll collection booth to pay the toll leviable in respect of the vehicle and obtain from the toll Inspector a receipt in duplicate in Form G in token of having paid the toll, before he is allowed to proceed further.

(2) In the event of two or more bridges, causeways or tunnels falling in close proximity to each other within twenty kilo meters from a point at the beginning of the approach of entry of the first bridge, tunnel or causeway to be crossed under the jurisdiction of the same Highway Authority, the aggregate toll for all such bridges, tunnels or causeways may, if so deemed necessary , be collected from the driver, owner or person incharge of such of the motor vehicles which intend to cross more than one such bridge, tunnel, causeway or any of the intermediary bridges, tunnels, causeways to be crossed and the vehicle holding the receipt of such a payment shall be allowed to pass through other aforesaid bridges, causeways or tunnels unhindered after showing the receipt to the Toll Inspectors posted on those bridges, causeways or tunnels. Details of bridges, causeways and tunnels shall be di~played at a conspicuous place near the toll collection booths of the bridges causeways and tunnels covered under this sub-rule legibly written or printed in Kannada, English and Hindi in which the said bridges, causeways, tunnels are situated.

(3) The Toll Inspector shall, on receipt of the toll specified in the Schedule, fill up a receipt in triplicate in Form 'G' and deliver two copies thereof to the driver, owner or the person incharge of the motor vehicle in respect of which the toll has been paid and retain the third in his office. The motor vehicle shall be allowed to go ahead of the cross bar only after the toll has been paid and receipt issued under these rules.

(4) Where, and if, found necessary, the Highway Authority may also set up counter-checking booths, for the purpose where such a booth has been set up at some location considered suitable beyond toll collection booth, after the motor vehicle has crossed the bridge, causeway or tunnel and also paid the prescribed toll, the Toll Inspector on counter-checking duty at the counter checking booth shall ensure that the motor vehicle is allowed to pass from the counter-checking cross bar only after verifying on checking the copies of the receipts for payment of the toll from the driver, owner or person incharge of the vehicles.

22. Remittance of toll collected.- (1) The Toll Inspector on duty shall be responsible for the collection and safe custody of the amounts collected towards tolls during the period of his duty and shall not leave his booth till his reliever takes over from him.

(2) The Toll Inspector shall maintain a Cash Register in Form-H and keep it posted uptodate .

(3) The Toll Inspector shall at the end of the period of his duty, handover the amount collected by him to his reliever after obtaining the signature of the latter in the relevant column of the Cash Register .

(4) Every day between the hours of 4 and 5 in the afternoon the Toll Inspector on duty shall handover the entire amount of toll collected during the preceding 24 hours to the Assistant Executive Engineer incharge of the bridge, causeway or tunnel after obtaining his signature in the relevant column of the Cash Register .

(5) The Assistant Executive Engineer shall keep the amounts of collection received from the Toll Inspector in the chest provided for the purpose at his office.

(6) The Assistant Executive Engineer shall, on every Saturday or if it happens to be a holiday, on the next working day, remit the amount received by him in respect of the week ending the preceding Saturday by a Demand Draft to the nearest Treasury or Bank. The Treasury or the Bank shall account the amount so received in the relevant receipt head in their books.~ 1964: KAR. ACT 44] 51The Karnataka Highways Rules (7} The Assistant Executive Engineer shall maintain a Register in Form-1 showing the amount collected from the Toll Inspector and remittances made to the Treasury or Sub- Treasury or Bank and shall keep the Register posted uptodate.

(8) The Assistant Executive Engineer shall exercise supervision and control over the staff posted at the bridges, causeways or tunnels in connection with the collection of the toll and over the maintenance of proper accounts and records by such staff.

(9) The Highway Authority incharge of the road on which the bridges, causeways or tunnels are situated shall check the collection and remittance of toll by the staff in accordance with these rules by paying surprise visits atleast twice a month at the office of the Toll Inspectors.

23. Submission of returns.- The Highway Authority concerned shall furnish to the Accountant General in Karnataka, Bangalore every quarter in the first week of April, July, October and January ,-

(i) a consolidated statement showing monthwise the amounts collected and remitted on account of toll proceeds in respect of each bridge, causeway or tunnel alongwith the details of number and date of the demand draft with which this amount was remitted.

(ii) break-up of the monthwise expenditure incurred on each bridge, causeway or tunnel by the Highway Authority required to be reimbursed on account of collection of the toll on the basis of actual expenditure incurred.

24. Reimbursement of collection charges.- (1) The collection charges shall not exceed 12 per cent of the total collections. The collection charges shall be reimbursed to the Highway Authority in the manner indicated in sub- rule (2).

(2) Payment of the amounts in reimbursement of the expenditure incurred, by the Highway Authority on collection of toll not exceeding 12 per cent of the total collection of toll shall be made by the State Government by specific payment sanctions from out of the specific budget provision to be made by the State Government in its budget from year to year .

25. Assistance by police.- All police officers of the area in whose jurisdiction the bridges, causeways and tunnels fall shall be bound to assist the Toll Inspectors, when required in the collection of toll under these rules, and for that purpose, shall have the same power which they have in exercise of their normal police duties.]1 52 The Karnataka Highways Rules :1964 : KAR. ACT 44 1[SCHEDULE I] [ See Rule 9] Table showing the rents to be charged for temporary occupation of highway land Purpose for which highway land occupied Rent to be charged An annual sum not exceeding 2V2 per cent of the market value of the land encroached upon or below the tempo- rary structure subject to a minimum of As.6 in municipal arears and As. 3 in other areas.

Temporary encroachment in front of a building owned by the applicant or for a tempo- rary structure overhanging a highway.

2 Putting up temporary aw- nings, tents, pandals, scaffold- ings or other, similar erec- tions.

A daily sum not exceeding Re.1 per 100 square feet of land occupied in munici- pal areas and 50 paise per 100 sqaure feet in other areas.

3. An annual sum not exceeding 10 per cent of the full market value of the land occupied subject to a minimum of As.12 in municipal areas and As.6 in other areas.

Temporary stalls

4. A daily sum not exceeding Re.1 per 100 square feet of land occupied in munici- pal areas and 50 paise per 100 square feet in other areas.

Depositing building materials, goods for sale or other ar- ticles.

5, Nil Making temporary excava- tions.

The existing schedule is renumbered as "Schedule 1" by GSR 89, dated 30-3-1984, [See Rule 18] (H.S.GANESHA MURTHY) Under Secretary to Government, Public works Department, (Communication-ll)

1. Schedule II inserted by GSR -89 dated 30-3-1984 w.e.f. 31-3-1984 Notification No PWD 62 CBR 83 dated 30-3-1984 and substituted by Notification No. PWD 12 CBR 95 dated 31-7-1998 Karnataka Gazette Extra ordinary. No.672 Part IV 2c(i) dated 31-7-1998. 54 The Karnataka Highways Rules :1964 : KAR. ACT 44

FORM 'A'

[ See Rule 5] Form of application for permission under Section 9(2) for purposes specified in Section 9(1) (a) (b) of the Karnataka Highway Act, 1964:-

1. Name of applicant (in full)

2. Age Address (in full)3.

Interest of the applicant in the property to which the application relates (A Cer- tified copy from the Record of Rights or Property Register should be attached).

Purpose for which permission is sought (Give full details)

6. Particulars of land on which the work is to be carried out-

(a) Survey No.

(b) Hissa No. Pot Hissa No.

(c) Total area of the plot in possession of the applicant.

(d) Area of the land to be used out of (c) above! for the work. I

7. Name of-fh8 highway along which the property is situated, with mile number and furlong number of K. M. to be fully described.

Whether perm--rsslOnof the Deputy Commiss- ioner or the Local Authority concerned is obtained for the work. If not, state the reasons why such permission not obtained if obtained attach the same( in originals).

551964: KAR. ACT 44] The Karnataka Highways Rules 9, (a) Whether application made previously to the Highway Authority for the purpose stated above.

(b) If so, state the date of such application,

(c) Number and date date of the communication, if any, from the Highway Authority in respect of such application.

10. Any other relevant particulars or information.

--~ The above particulars and information are true and correct to the best of my knowledge and belief .

Date. Signature of Applicant Place.

A rough sketch showing all the particulars against items 6 and 7 of the form and the distance between the site of the work and the highway boundary should accompany the application.

Applications pertaining to construction, reconstruction, extension of or material alterations to buildings should be accompanied by a detailed plan of the structure existing old or proposed as the case may be and the proposed additions and alterations, if any, duly certified by an Architect.

FORM '8'

[See Rule 51 Form of application for permission under Section 9 (2) for purposes specified in Section 9(1) (c) of the Karnataka Highways Act, 1964. Name of the applicant (in full)

3. Address (in full)

4. Whether owner or tenant of the building to which the applicant relates. If the latter whether permission of the owner for the change of use is obtained.

56 :1964 : KAR. ACT 44The Kamataka Highways Rules Purpose/s for which the building is used at present.

Purpose/s for which the building is proposed to be used.

Whether the propoSed change of use of the building involves any additions or alterations to the structure. If So, give particulars.

8. Whether the person/proposed use of the building attracts/will attract a large number of vehicles or crowd of people in front of the building.

If so, give a rough estimate and state what arrange- ment exist/are proposed to accommodate these.

Particulars of the land on which the building is situated.

(a) Survey No.

(b) Hissa No.

(c) Pot Hissa No.

(d) Total area of the plot in possession of the applicant.

(e) Area of built up property in possession of the applicant.

(1) Area of built up property after additions and alterations, if any are, proposed.

10. Name of the highway along which the building is situated with mile number and furlong number or K.M (To be fully described).

11 .Whether permission of the local authority or other Government agency concerned for the use/change of the use of the building is obtained.

If not, state the reasons why such permission not obtained. If obtained attach the same (In Original).

571964: KAR. ACT 44] The Karnataka Highways Rules

(b) If so, state the date of such application

(c) Number and date of the communication, if any, from the Highway Authority in respect for such application.

13. Any other relevant particulars or information The above particulars and information are true and correct to the best of my knowledge and belief .

Date:

Place:

Signature of the Applicant.

A sketch showing all the particulars in respect of items 7, and 10 of the form should accompany the application.

FORM C

[ See Rule 7] Form of application for grant of permission under section 21 of the Karnataka Highways Act, 1964 for temporary occupation or encroachment on highway (within highway boundaries}. - Name of the applicant (in full) Address 9f the applicant (in full)

3. Purpose for which permission is required

4. Name of the highway and exact location of the highway land to be occupied (mention mile No. and furlong number or K.M. and attach a sketch).

!i Area of hjghway lands to be occupied 58 The Karnataka Highways Rules [1964 : KAR. ACT 44 Date Signature or Thumb impression of the Applicant.

FORM 'D'

Form of application under Section 35 of Karnataka Highways Act, 1964 for reference to Court against award made under Section 28.

(1) Name of the applicant (in full).

(2) Occupation. .;' :I~

(3) Age. ;;~';~

(4) Address.

(5) Number and date of award under Section 28 of the Act.

(5-A) Date on which the award was communicated to the applicant.

(6) Particulars of land to which the reference relates.

Survey No. Hissa No.

Village Taluk District

(7) Grounds on which application is made for reference to the Court. Date. Signature of the applicant or his duly authorised Agent 1964: KAR. ACT 44] The Kamataka Highways Rules 59

FORM 'E'

[ See Rule 11] Form of application under Section 44 of Karnataka Highways Act, 1964 for reference to Court against order made under Section 42, fixing betterment charges.

1. Name of the applicant (in full) 2. Occupation 3. Age. 4. Address 5. Number and date of order under Section 42 of the Act. S-A. Date on which the order was communicated to the applicant

6. Particulars of land to which reference relates.

Survey No Hissa No Village Taluk District

7. Grounds on which objection is taken to the fixation of betterment charges.

Date. Signature of the applicant or his duly authorised Agent.

FORM 'F'

[See Rule 14 (14)] Agreement to be entered into under the proviso to Section 47. This agreement made at. the. dayof one thousand nine hundred and sixty between the Governor of Karnataka (hereinafter referred to as "the Government") of the one part and. inhabitant of. (hereinafter referred to as "the owner" which expression shall unless excluded or repugnant to the context include his heirs, executors and administrators) of the other part. 60 The Karnataka Highways Rules [1964 : KAR. ACT 44 Whereas the owner is possessed of and otherwise sufficiently entitled free from encumbrances to the piece of land situated at more particularly describect-in the. Schedule hereto appended (hereinafter referred to as "the said land").

And whereas it has been held by. the order. of the , thedecision AuthorisedOfficer l Section 44 of the Karnataka Highways Act, 1964, that betterment charges amounting to Rs. are leviable .on the said land. And whereas the owner desires to pay the said amount of betterment charges by annual instalments in the manner provided under the Karnataka Highways Rules, 1965, and has for the purpose agreed to enter into an agreement with the Government as required by the proviso to section 47 of the said Act.

Now this agreement witnesseth as follows:-

(1) The owner shall pay to the Government the said betterment charges of Rupees. with interest thereon at the rate of five per cent per annum within a period of. years from this date by. equal yearly instalments of Rs. each for principal, the first of such instalments t be paid on the day of. one thousand nine hundred and sixty. and the. subsequent instalments to be paid on the day. of. each subsequent year and that the owner shall in the meantime and so long as any part of the principal sum of Rs. shall remain owing, pay interest to the Government at the rate of five per cent per annum on all moneys whatsoever for the time being due and owing under these presents by yearly payments the first of which payments shall be made on the days.of 196 and subsequent yearly payments shall be made on the day of. each subsequent year until the whole sum of Rupees. is paid off:

Provided always that if any such interest shall remain unpaid for one month after the date on which the same ought to be paid then, and in every such case, the interest so in arrears shall at the expiry of such month be capitalised and be added to the principal sum hereby secured and for the time being qwing hereunder and shall thenceforth bear interest payable at the rate on the days aforesaid and all the rules of law and equity in relation to interest shall equally apply to interest on such arrears: Provided further that the last preceding proviso shall not permit owner to allow any interest to fall into arrears.

1964 : KAR. ACT 44] The Kamataka Highways Rules 61

(2) All sums due and payable by the owner under these presents shall subject to the prior payment of land revenue, be a first charge on the land, in respect of which such betterment charges, are leviable as provided in section 46 of the Karnataka Highways Act, 1964.

(3) The owner shall bear the stamp duty payable in respect of this agreement.

Inwitnesswhereofthe...: of hasforand under the directions of the Governor of Karnataka set his hand and seal and the above named owner has set his hand hereto the day and year first above written.

Signed, and delivered by:

Sri. of. in the presence of .- Signed, and delivered by:

Sri. in the presence of.- [ See Rule 21] R.No. Receipt for payment of toll Name of bridge(s), tunnel(s) or causeway(s)

1. Description of motor vehicle with Registration Number

2. Whether laden or unladen or with or without passengers

3. Time and date of outward journey

4. Name of driver and/or owner

5. Amount of toll paid.

Signature of Toll Inspector.

1. Forms G to I inserted by GSR 89 dated 30-3-1984 w.e.f. 31-3-1984 Notification No. PWD 62 CBR 83 dated 30-3-1984.

o z:

ro o Q) .Q E z Q) u :c Q) The Karnataka Highways Rules c:: --00 -.9- .- '-- uOo OoJ:: '-0

00) ~J::

E .>. .0 :c (\3 (\3 E :s:

zOo :3>- Z.o "E .~ =:1 a.

E [ See Rule 22(2)]

FORM 'H'

(I)

Q)'-

:J O)"C ;0= "CU

Q)O.

"Uj "'6 Q)-'- o e Coo (I) (.)

Q) Q)

:J (I) "U;

o:g,- :J I/) 0) ~I/)o.

c: 0) I/) ~uc:...,. u - .-:J (/)I/) [1964 : KAR. ACT 44 (I) '- c c :J(13LU (13 (I) 0) c .->0> (I) .- .-(I) "5 (J)<t:u X LU U) ro E Q)

CASH REGISTER

1964: KAR. ACT 44] -C .

"'ii5Q) :in Q) o<C) z Q)C -= .cW

C/) -Q)

O~ Q) :J E ~ <13 x ZW on account of toll collected on bridges, causeways and tunnels. E o'- '- -0-0> U ua.

= C u= CI- :J 0> OJ::

E- Register showing record of toll collections and remittance "Q) a:

O "'ca o

E I/)

C"0"0 .c

E .C

-u 0).cQ.

E .~ Z~

FORM 'I'

c: .

E"'ca -c:o (\3 E :J Z c Ern -co ~ "E~ :J ~

O '-

E"O o .c ca ~ a.-o(/)

Q)-O

-Oc:

-ca o E (/) Q) ca- Q) The Kamataka Highways Rules C- :P.c- ~u"iU (1)CU-o

C)(1)-O

O)O)C

~-E-O 0) c..Z fn E

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Karnataka Highways Act, 1964